Offences of Being In Charge of a Vehicle
If you are charged with being drunk or unfit while in charge of a motor vehicle, it is crucial to seek legal advice as soon as possible. Early advice can make a significant difference to the outcome of your case, helping to address your concerns and providing clarity on the steps ahead.
What Does "In Charge" Mean?
Under UK law, it is illegal to be "in charge" of a vehicle while over the drink or drug limit or while unfit to drive due to alcohol or drugs. Many people are unaware of this offence until they face charges, often assuming that being stationary or not driving eliminates any legal risks.
The legal definition of being "in charge" considers several factors, such as:
- Where you were in relation to the vehicle.
- Whether you were sitting inside the vehicle and, if so, where.
- The location of the keys.
- Whether the engine was running.
- Any evidence suggesting an intention to drive.
It is possible to be charged even if you are asleep in your car.
How We Can Help
Our team specialises in motoring law and has extensive experience defending clients charged with "in charge" offences. By thoroughly analysing your case, we can identify potential defences, such as:
- Lack of Intent to Drive: If you had no intention of driving until you were fit, you may have a defence under the Road Traffic Act 1988.
- Challenge to Evidence: The prosecution must prove beyond reasonable doubt that you were in charge and over the limit or unfit. We scrutinise evidence for weaknesses, including procedural errors by the police.
- Reliability of Tests: Breath, blood, or urine samples are not always reliable. We work with leading experts to challenge faulty equipment or poor procedures.
Penalties and Consequences
Although "in charge" offences are less severe than drink or drug driving, the penalties can still have a significant impact. These include 10 penalty points or a driving disqualification, depending on your level of impairment. Fines can reach up to £2,500, and a criminal record may have long-term consequences, such as affecting your employment and career, restricting travel to certain countries, increasing vehicle insurance premiums for at least four years, and causing social stigma associated with a conviction. In more serious cases, such as repeat offences or high alcohol readings, penalties may include longer disqualifications, community orders, or even custodial sentences.
Steps to Take if Charged
If you are charged with being in charge of a vehicle while over the limit or unfit, we recommend documenting everything from the day in question. Include details about what you drank and when, your actions leading up to the police involvement, and what was said or done by the police. Seek legal advice immediately for expert guidance, even if you have already consulted a non-specialist. Additionally, if you have a sample of blood or urine, consider sending it for independent testing to verify the results.
Why Choose Us?
We are specialists in motoring law with a proven track record of success. Our approach includes reviewing police procedures for errors, challenging the reliability of breathalyser equipment, ensuring all evidence is disclosed, and identifying procedural breaches that may lead to an acquittal. Being charged with this offence can be intimidating, but we are here to help. Contact us today to discuss your case and explore your options.
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